Williams Ex Rel. Estate of Jackson v. Chesterfield Lumber Co.

Ness, Justice:

This is a personal injury case. Appellant Jackson was attempting to repair a machine owned by the respondent lumber company. It was necessary for the appellant to work within the machine and while there, it unexpectedly became operational, injuring him and ultimately causing appellant’s foot to be amputated. The trial court granted summary judgment for respondent. We hold .this was error.

The depositions, 1 which are in the record, reveal that the appellant, due to his proximity at the time of the injury could not identify who started the machine. It was appellant’s understanding…